Srinivas (Owner) 07 November 2013

Can section 91 of crpc against false dowry case

Hi All,

My wife has filed a false dowry case against me n my family members. I have a doubt that my wife had some psychological issues, however her mom had such issues. Now i want to know.

1. Can i get her medical records from NIMHANS, using section 91 of crpc. Before trial.

2. RTI regarding this is rejected from NIMHANS u/s 8(1), denying giving information.

3. Pros n Cons of using section 91

Your suggestions are very valuable. Thank you in Advance.

Regards

Srinivas

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3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 07 November 2013

Dear Querist

if you think that these documents will be better for your defence then file an application before court u/s 91 of Cr.PC, if the court think fit that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

Read The Section carefully:

91. Summons to produce document or other thing.

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

(3) Nothing in this section shall be deemed-

(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872 ), or the Bankers' Books Evidence Act, 1891 (13 of 1891 ) or

(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.

Srinivas (Owner) 07 November 2013

Thank you Mr. Qureshi, kindly let me know

1. Can i invoke section 91 before trial ? As a private case?

2. Will this affect the fight of false dowry case in anyway?

3. As I am still her legal husband, wat are the chances of getting the required info by appealing the RTI?

Thank you for your valuable time.

Regards

Srinivas

T. Kalaiselvan, Advocate (Advocate) 07 November 2013

As a step of defence you are entitled to produce documents on your side to contest the false case but you have to wait until the trial begins and you are permitted to let in defence evidence. For a petition to send for documents, you have to state the reason that under what grounds you wanted the said authorities to produce the required documents? Your mere assumption cannot be taken as ground to permit you to send for the desired documentary evidence.